Individual project

PHASE 1

Lowell v. DWI

By

Name

For

Professor Robert Throop

The Legal and Ethical Environment of Business – MGM365-0701A-04

2007

The pending Lowell v. DWI clearly deals with both Private and Public Law. “A Private Law is a contract between two individuals.” (Jennings p. 4) In this case the Private Law was a contract that came into being between Mr. & Mrs. Lowell and DWI booked and or signed the registration forms for their cruise. At the time of booking Mr. & Mrs. Lowell were promising to pay a certain amount of money in exchange of the pleasure of taking a relaxing vacation. By doing do they agreed to the term and regulations of this agreement; entrusting their well being to the cruise ship. DWI also made a promise to look out for the best interest of their client in the forms of comfort, security and safety. “The cruise industry’s highest priority is to ensure the safety and security of its passengers, crew and vessels. The industry has an enviable record when it comes to security and safety and in 1995; the U.S. Coast Guard emphasized that record when stating that passenger vessels are among the safest mode of transportation.” (CLIA) Furthermore; the Private Law also exists between the employees (crew members) and their employers (DWI). Cruise ship employers take steps to ensure that their employees that they intend or will hire are screened. “Each crewmember holds a U.S. seafarers visa and has thus undergone a U.S. State Department background check prior to visa issuance.” (CLIA) The Public Law is the laws that are set by the governing bodies to ensure that guidelines are being followed at the state and congressional level. Public Laws also have a role to play in the operation of national and international companies. Although the consumer protection laws can fit nicely into this situation; at this level the laws that we are going to consider will be treaties that have been signed between different countries. “Maritime Law is a body of law governing navigation and shipping.” (Legal) This law helps to regulate the standards on the international shipping business. Keeping this in mind, we should be able to understand that the shipping companies must adhere to certain regulations, whether it’s the construction style of the vessels or the route that they sale. Flag of Convenience dictates that whatever flags a ship is flying, they will have to abide by the rules or fall under that jurisdiction of that particular country. However; according to the Legal-Database under Admiralty law, “a court could still exercise jurisdiction over” a ship that has or has a passenger/crewmember that has broken the law in some way. The treaty between Liberia and the U.S. states that “It is agreed that the Government of the United [*2] States and the Government of the Republic of Liberia shall, upon requisition duly made as herein provided, deliver up to justice any person who may be charged with, or may have been convicted of, any of the crimes or offenses specified in Article II of the present Treaty.” The case of Lowell v. DWI will definitely fit this category because the defendants were victims of murder, robbery and assault. Not to mention that the crime was committed at sea. The U.S. has the right to request extraditions of these to criminals from Liberia if they were there. However; they left the ship in the Cayman Islands. The Cayman Islands has also signed a treaty with other countries allowing extraditions. Article 3 - subparagraph 3 of the International Extradition Treaty states that “extradition shall also be granted for the offense of impeding the arrest or prosecution of a person who has committed an offense for which extradition may be granted under this Article and which is punishable under the laws of both Parties by imprisonment or other form of detention for a period of five years or more.” (McNabb) This will allow the U.S. to seek extraditions papers for the two men that is standing accursed. In this particular case, Mrs. Lowell is being considered the property of a deceased man under Liberian Law. Since this is the case, Mrs. Lowell would not be entitled to pursue any lawsuits against DWI or any of their affiliates. Even though the Private Law between the two parties now includes a breach of contract, the interaction between DWI and Mrs. Lowell’s attorney would not make much progress. The only progression that can be made is seeking the extradition to have the 2 assailants stand trail. Being Mr. Lowell suffered a fatal heart attack as a direct result of the assault on that was committed at sea, the treaty allows for the FBI to investigate by entering into the Cayman Islands. If the situation was reversed with Mrs. Lowell being the deceased, then Mr. Lowell with has recourse to file the lawsuit. However; according to the Constitution of Liberia, “no person shall be held in slavery or forced labor within this Republic, nor shall any citizen of Liberia or any person resident therein subject any person to forced debt or bondage.” (Unhcr) Mrs. Lowell is considered to be her own person, the property of no one, and therefore is entitled to all of the equal rights that this provides. This also includes any property that was owned by her and her husband, due to the fact that the Constitution further “mandates the Legislature to enact laws to govern the devolution of estates and establish rights of inheritance.” (Unhcr) “NORFOLD SHIPBUILDING & & DRYDOCK CORPORATION V. CELESTINE GARRIS, ADMINISTRA TRIX OF THE ESTATE OF CHRISTOPHER GARRIS, DECEASED No. 00-346 SUPREME COURT OF THE UNITED STATES 121 S. Ct. 1927; 2001 U.S. LEXIS 4125; states that a claim could be made for the death of a non seaman in territorial waters due to negligence.” (Lipcon) Referring back to the case of Lowell v. DWI; if the incident had taken place at an resort on the U.S. mainland, then Mrs. Lowell would not only be allowed to seek extradition for conviction but would also be able to sue DWI for employee negligence and the wrongful death of her husband. “In June 1997, the Federal Maritime Commission issued a Notice of Proposed Rulemaking (NPRM) on the passenger bonding program to ensure that adequate levels of protection continue.” (CLIA) DWI has the ethical responsibility to publicly assist in the investigation of her husband death; which could exceed the time frame of 10 business days by allowing Party Autonomy to take effect. This will set the precedent for any future cases that may arise. “When a court reviews the decisions of lower courts, that court’s previous decisions, along with decisions of other courts on the same topic, are consulted.” (Jennings p. 83)

References:

Customary Marriage Law. (n.d.). Retrieved January 12, 2007, from http://www.unhcr.org/cgi-bin/texis/vtx/rsd/rsddocview.pdf?tbl=RSDLEGAL&id=44868b524
Legal Database. (n.d.). Retrieved January 12, 2007, from http://www.legal-database.com/admiralty-law-overview.htm
CLIA. (n.d.). Home page. Retrieved January 13, 2007, from Cruise Lines International Association Web site: http://www.CLIA.org/
McNabb, Douglas. (n.d.). Home page. Retrieved January 13, 2007, from http://www.internationalextradition.com/practice-areas.htm
Lipcon, Margulies & Alsina, P.A. (2006). Admiralty Law Articles. Retrieved January 12, 2007. from http://www.lipcon.com/law_articles.shtml#7
Jennings, Marianne M. (2006). Business: It’s Legal, Ethical and Global Environment. Ohio: Thomson.